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- ilcd;;1:16-cv-01146_de5 RegisterActionDate "2016-05-25" @default.
- ilcd;;1:16-cv-01146_de5 RegisterActionDescriptionText "TEXT ORDER - Entered by Judge Sara Darrow on 5/25/2016. Plaintiff 14250C3, a pro se prisoner, has filed a complaint on behalf of nine inmates at Pontiac Correctional Center and refers to himself as a class member. 1 First, a multi-plaintiff complaint, and all subsequent filings, must be signed by all Plaintiffs. See Lewis v. LencSmith Mfg. Co., 784 F.2d 829, 831 (7th Cir.1986); Fed. R. Civ. P. 11. Second, the Plaintiff has not filed a proper motion for class certification. Third, even if Plaintiff had filed a proper motion, he may not proceed pro se on behalf of a class. Since absent class members are bound by a judgment whether for or against the class, they are entitled to the assurance of competent representation afforded by licensed counsel. See Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975) (holding that it would be plain error to permit imprisoned pro se litigant to represent his fellow inmates in a class action); see also Huddleston v. Duckworth, 97 F.R.D. 512, 514-15 (N.D. Ind. 1983) (prisoners proceeding pro se not allowed to act as class representatives). Therefore, the initial complaint is dismissed for failure to provide signatures of all Plaintiffs, failure to state a claim upon which relief can be granted and violation of Federal Rule of Civil Procedure 8. The Clerk of the Court is directed to dismiss all Plaintiffs except the one individual who did sign the complaint, Cary 14250C3. The Court will allow Plaintiff 14250C3 an opportunity to file an amended complaint. However, the amended complaint must include specific information concerning the Plaintiff. In other words, Plaintiff must state how each Defendant was involved, what specific interaction Defendants had with the Plaintiff, the violations alleged, where the events happened and when they occurred. Plaintiff must file his amended complaint on or before June 15, 2016 in compliance with this order. If Plaintiff fails to file an amended complaint by this deadline or fails to follow the Court's directions, his case may be dismissed. The Clerk of the Court is to send Plaintiff a blank complaint form to assist him and reset the internal merit review deadline for June 29, 2016. (LN, ilcd) (Entered: 05/25/2016)" @default.
- ilcd;;1:16-cv-01146_de5 AdministrativeID "6" @default.
- ilcd;;1:16-cv-01146_de5 hasJudgeReference SJ001510 @default.
- ilcd;;1:16-cv-01146_de5 hasReferenceToOtherEntry ilcd;;1:16-cv-01146_de0 @default.